A lawsuit filed in Travis County District Court accuses Torchy’s Tacos of selling a taco that contained a cow tooth, an object the Austin-based chain has since confirmed was real.
Nohemi Castillo says she nearly swallowed the tooth while eating takeout from Torchy’s South Congress Avenue location on June 9. Her order included the chain’s “Democrat” tacos, according to the complaint filed Oct. 13.
Torchy’s confirmed the discovery to Austin TV station KVUE, saying an internal review identified the object as a cow tooth that likely came from the barbacoa, which the company sources as natural beef cheek from a supplier.
“Upon receiving the guest complaint, we conducted a thorough review and identified the item as a cow tooth. This can occasionally happen when processing the meat, though it is quite rare.”
The company said it has “partnered with our supplier to reinforce their internal procedures to prevent this from happening in the future.”
Castillo’s attorney, Scott Vasquez, says Torchy’s did not acknowledge to him that the object was a cow tooth until the story drew local media coverage roughly four months after the incident. He provided photographs showing the tooth beside a tape measure to illustrate its size, as well as an image of the object resting on aluminum foil next to taco meat.
A witness statement included in the court filing describes the moment during a lunch with a colleague when Castillo realized something was wrong.
“As we were eating, I heard an ‘awww!’ When I turned to Nohemi, I saw her pulling something out of her mouth, she said, ‘I think it’s a bone.'”
The colleague says Castillo was holding her left cheek as she examined the object before concluding it was a tooth. The lawsuit states Castillo was disgusted and sickened by the find and saw a doctor that evening, where she received prescriptions. She alleges she incurred medical expenses along with physical pain, mental anguish and other damages.
Castillo is suing Torchy’s Tacos and Success Foods Management Group, which does business as Torchy’s Tacos, alleging the companies failed to properly prepare, inspect and distribute the food, failed to adequately monitor their meat supplier, and breached implied warranties that food sold to consumers is fit for consumption. The complaint also alleges violations of the Texas Deceptive Trade Practices Act and federal food safety requirements.
Castillo says she would not have bought the meal, or would have inspected it more carefully, had she known of the alleged defect. She is seeking monetary relief of $250,000 or less, with a jury to determine any final award.
Vasquez says he has heard from other people reporting similar experiences with Torchy’s since the case drew attention, though those accounts have not been independently verified. He described the company’s earlier responses as thin on detail while shifting responsibility elsewhere.
Torchy’s told KVUE it “take[s] all concerns about our food seriously” and did not immediately respond to a request for further comment.
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